1-1 AN ACT
1-2 relating to prohibiting employer retaliation against certain
1-3 employees who report child abuse or neglect.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 261, Family Code, is amended
1-6 by adding Section 261.110 to read as follows:
1-7 Sec. 261.110. EMPLOYER RETALIATION PROHIBITED. (a) In this
1-8 section, "professional" has the meaning assigned by Section
1-9 261.101(b).
1-10 (b) An employer may not suspend or terminate the employment
1-11 of, or otherwise discriminate against, a person who is a
1-12 professional and who in good faith:
1-13 (1) reports child abuse or neglect to:
1-14 (A) the person's supervisor;
1-15 (B) an administrator of the facility where the
1-16 person is employed;
1-17 (C) a state regulatory agency; or
1-18 (D) a law enforcement agency; or
1-19 (2) initiates or cooperates with an investigation or
1-20 proceeding by a governmental entity relating to an allegation of
1-21 child abuse or neglect.
1-22 (c) A person whose employment is suspended or terminated or
1-23 who is otherwise discriminated against in violation of this section
1-24 may sue for injunctive relief, damages, or both.
2-1 (d) A plaintiff who prevails in a suit under this section
2-2 may recover:
2-3 (1) actual damages, including damages for mental
2-4 anguish even if an injury other than mental anguish is not shown;
2-5 (2) exemplary damages under Chapter 41, Civil Practice
2-6 and Remedies Code, if the employer is a private employer;
2-7 (3) court costs; and
2-8 (4) reasonable attorney's fees.
2-9 (e) In addition to amounts recovered under Subsection (d), a
2-10 plaintiff who prevails in a suit under this section is entitled to:
2-11 (1) reinstatement to the person's former position or a
2-12 position that is comparable in terms of compensation, benefits, and
2-13 other conditions of employment;
2-14 (2) reinstatement of any fringe benefits and seniority
2-15 rights lost because of the suspension, termination, or
2-16 discrimination; and
2-17 (3) compensation for wages lost during the period of
2-18 suspension or termination.
2-19 (f) A public employee who alleges a violation of this
2-20 section may sue the employing state or local governmental entity
2-21 for the relief provided for by this section. Sovereign immunity is
2-22 waived and abolished to the extent of liability created by this
2-23 section. A person having a claim under this section may sue a
2-24 governmental unit for damages allowed by this section.
2-25 (g) In a suit under this section against an employing state
2-26 or local governmental entity, a plaintiff may not recover
2-27 compensatory damages for future pecuniary losses, emotional pain,
3-1 suffering, inconvenience, mental anguish, loss of enjoyment of
3-2 life, and other nonpecuniary losses in an amount that exceeds:
3-3 (1) $50,000, if the employing state or local
3-4 governmental entity has fewer than 101 employees in each of 20 or
3-5 more calendar weeks in the calendar year in which the suit is filed
3-6 or in the preceding year;
3-7 (2) $100,000, if the employing state or local
3-8 governmental entity has more than 100 and fewer than 201 employees
3-9 in each of 20 or more calendar weeks in the calendar year in which
3-10 the suit is filed or in the preceding year;
3-11 (3) $200,000, if the employing state or local
3-12 governmental entity has more than 200 and fewer than 501 employees
3-13 in each of 20 or more calendar weeks in the calendar year in which
3-14 the suit is filed or in the preceding year; and
3-15 (4) $250,000, if the employing state or local
3-16 governmental entity has more than 500 employees in each of 20 or
3-17 more calendar weeks in the calendar year in which the suit is filed
3-18 or in the preceding year.
3-19 (h) If more than one subdivision of Subsection (g) applies
3-20 to an employing state or local governmental entity, the amount of
3-21 monetary damages that may be recovered from the entity in a suit
3-22 brought under this section is governed by the applicable provision
3-23 that provides the highest damage award.
3-24 (i) A plaintiff suing under this section has the burden of
3-25 proof, except that there is a rebuttable presumption that the
3-26 plaintiff's employment was suspended or terminated or that the
3-27 plaintiff was otherwise discriminated against for reporting abuse
4-1 or neglect if the suspension, termination, or discrimination occurs
4-2 before the 61st day after the date on which the person made a
4-3 report in good faith.
4-4 (j) A suit under this section may be brought in a district
4-5 or county court of the county in which:
4-6 (1) the plaintiff was employed by the defendant; or
4-7 (2) the defendant conducts business.
4-8 (k) It is an affirmative defense to a suit under Subsection
4-9 (b) that an employer would have taken the action against the
4-10 employee that forms the basis of the suit based solely on
4-11 information, observation, or evidence that is not related to the
4-12 fact that the employee reported child abuse or neglect or initiated
4-13 or cooperated with an investigation or proceeding relating to an
4-14 allegation of child abuse or neglect.
4-15 (l) A public employee who has a cause of action under
4-16 Chapter 554, Government Code, based on conduct described by
4-17 Subsection (b) may not bring an action based on that conduct under
4-18 this section.
4-19 (m) This section does not apply to a person who reports the
4-20 person's own abuse or neglect of a child or who initiates or
4-21 cooperates with an investigation or proceeding by a governmental
4-22 entity relating to an allegation of the person's own abuse or
4-23 neglect of a child.
4-24 SECTION 2. This Act takes effect September 1, 2001, and
4-25 applies only to a report of child abuse or neglect that is made on
4-26 or after that date. A report of child abuse or neglect that is
4-27 made before the effective date of this Act is governed by the law
5-1 in effect on the date the report was made, and the former law is
5-2 continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3473 was passed by the House on May
4, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3473 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3473 was passed by the Senate, with
amendments, on May 23, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor